dnewton3
Staff member
This is a very interesting development out of the State of New York Supreme Court ...
The state's "red flag" laws as currently written are found to be unconstitutional and are struck down, effective Dec 22, 2022.
The fundemental criteria considered and addressed were:
- 2A right to keep and bear arms
- 4A unreasonable search and seizure
- 5A due process
-14A equal protection
"While some may advocate that "the ends justify the means" in support of §63-a, where those means violate a fundamental right under our Bill of Rights to achieve their ends, then the law, on it's face, cannot stand.
Therefore, the "Temporary Extreme Risk Protection Order" (TERPO) and "Extreme Risk Protection Order" (ERPO) are deemed to be unconstitutional by this Court as CPLR Article 63-a is presently drafted. It can not be stated clearly enough that the Second Amendment is not a second class right, nor should it ever be treated as such."
The full text from the official NYSC website is available here:
***********
This thread is locked because no discussion needs to take place; it is for informational reference only. You may review the actual case infomation and educate yourself on the Court's decision without influence of third-party mis-information and opinions.
.
The state's "red flag" laws as currently written are found to be unconstitutional and are struck down, effective Dec 22, 2022.
The fundemental criteria considered and addressed were:
- 2A right to keep and bear arms
- 4A unreasonable search and seizure
- 5A due process
-14A equal protection
"While some may advocate that "the ends justify the means" in support of §63-a, where those means violate a fundamental right under our Bill of Rights to achieve their ends, then the law, on it's face, cannot stand.
Therefore, the "Temporary Extreme Risk Protection Order" (TERPO) and "Extreme Risk Protection Order" (ERPO) are deemed to be unconstitutional by this Court as CPLR Article 63-a is presently drafted. It can not be stated clearly enough that the Second Amendment is not a second class right, nor should it ever be treated as such."
The full text from the official NYSC website is available here:
G.W. v C.N. (2022 NY Slip Op 22392)
www.nycourts.gov
***********
This thread is locked because no discussion needs to take place; it is for informational reference only. You may review the actual case infomation and educate yourself on the Court's decision without influence of third-party mis-information and opinions.
.
Last edited:
